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| In re Jesus O., S140865,
SUPREME COURT OF CALIFORNIA, March 8, 2007, Filed
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Overview: A juvenile committed grand theft of a cellular telephone "from the person" under Pen. Code, § 487, subd. (c), even though his cohort picked the telephone up after the victim dropped it while fleeing from their assault and demand for money, because the property was physically connected to the victim's person when the juvenile began to take it.
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| Kouri v. Superior Court, No. B189876,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, March 8, 2007, Filed
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Overview: Trial court erred in granting summary adjudication to an auditing firm in a fraud action on the basis that there was no evidence that the auditing firm knew of its client's false representations; blatant deviations from generally accepted accounting principles could support an inference that the auditing firm acted recklessly.
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| People v. Dixon, E038509,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION TWO, March 8, 2007, Filed
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Overview: Although court erred in failing to apply proper standard in evaluating media's request to televise SVPA proceedings and in failing to give adequate consideration to Cal. Rules of Court, rule 1.150, factors, error was harmless; defendant could not show that media's intrusion affected jury's determination that he satisfied criteria for recommitment.
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| People v. James, B185745,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, March 8, 2007, Filed
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Overview: Defendant was properly convicted of kidnapping for robbery, where defendant forcibly moved, at gunpoint, a bingo club's worker from outside the club to the club's interior. Movement was not merely incidental to defendant's robbery of the club and substantially increased the risk of harm to the worker over and above that in the underlying robbery.
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| Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants, B187258,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, March 8, 2007, Filed
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Overview: Trial court was not divested of authority to hear and grant a motion to compel responses under Code Civ. Proc., § 2030.290, subd. (b), by the service of incomplete interrogatories; hence, failure to complete the interrogatories was a proper basis for a monetary sanction against an attorney for violation of the order compelling responses.
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| Jane Doe 8015 v. Superior Court, No. H030303,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, March 9, 2007, Filed
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Overview: Where patients sued a clinical laboratory and the patients were successful in challenging a summary judgment entered in favor of the laboratory on appeal, the patients could exercise a peremptory challenge of the judge presiding over the coordinated proceedings pursuant to Code Civ. Proc., § 170.6, subd. (a)(2).
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| People v. Catley, G036876,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, March 9, 2007, Filed
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Overview: In a trial for theft by a caretaker from an elder, it was proper to instruct the jury under Pen. Code, § 1127g, that the victim's cognitive impairment did not make him any more or less credible than any other witness because such an instruction did not violate due process. The victim suffered from cognitive impairment due to Parkinson's disease.
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| People v. Villa, A111891,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, March 9, 2007, Filed
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Overview: Mistaken belief about the legal consequences of immigration status was a mistake of law, not a mistake of fact; hence, a petition seeking to vacate a judgment of conviction for a drug offense, alleging ineffective assistance of counsel on the immigration consequences of the plea, did not meet the criteria for review by coram nobis.
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